Opinion Two-state solution
The Central governments announcement on Telangana is a culmination of over five decades of agitation for the creation of a separate state.
The Central governments announcement on Telangana is a culmination of over five decades of agitation for the creation of a separate state. The current agitations on Telangana are no longer a political movement; it is now a civil society issue. It is perplexing that while one part of the state is carrying on an intense agitation for a separate state,the other part of the state is carrying on a unification agitation.
Unlike other states which were carved out of an existing state,Telangana was a pre-existing state which had a distinct identity of its own. It had a distinct language and culture. The States Reorganisation Commission recommended against the merger of the Hyderabad State with the Andhra State. The SRC recorded: The real fear of the people of Telangana is that if they join Andhra they will be unequally placed in relation to the people of Andhra and in this partnership the major partner will derive all the advantages immediately while Telangana itself may be converted into a colony by the enterprising Andhras.
But despite the SRC recommendation against the creation of a separate state,the Union cabinet merged Telangana with the Andhra State which had been separated from the erstwhile Madras State. It was a reluctant and a conditional marriage. A gentlemans agreement was executed with leaders from two regions making promises towards the development of Telangana region. Unfortunately this agreement was honoured more in breach. The Telangana agitation again came into focus in 1969 when there were widespread protests for the creation of a separate state. A six-point compromise formula was hashed out promising accelerated development and due representation to people from Telangana in government service. Unfortunately even this formula was not implemented.
After five decades of merger with Andhra,Telangana remains a backward region educationally,economically and agriculturally. All major political parties have accepted Telangana in principle. The UPA made a commitment in 2004 towards the formation of Telangana and before the 2009 election Sonia Gandhi made a public statement supporting the creation of a Telangana state. Even TDP which was committed towards a united state changed its position in favour of a Telangana state before the Lok Sabha elections this summer. But once the Central government made the announcement,every party is split into two factions on this issue.
In many ways,the agitation for a unified state is a proxy fight for control of Hyderabad. Several leading politicians have acquired vast real estate in Hyderabad. If Hyderabad was not part of Telangana,the demand for a separate state would not have been a contentious issue. The concerns of the settlers in Hyderabad are indeed legitimate and need to be addressed. But the solution does not lie in making Hyderabad the joint capital since it is geographically and administratively not feasible. A similar proposal was made to make the Madras the joint capital of the Andhra state and Tamil Nadu,but it was rejected because it was administratively not feasible.
A resolution from the state legislature is being proposed for creating Telangana. The Constitution does not mandate a state legislature resolution and it is a redundant exercise in an Andhra majority assembly. Under Article 3,seeking the opinion of the state legislature comes in after a bill has been introduced for the creation of a separate state and such opinion is not binding on Parliament. The Supreme Court affirmed this view in Babulal Parate v. Union of India (1960) in the context of the creation of Gujarat out of Bombay State.
Creation of a separate state of Telangana is a political issue and has to be resolved through dialogue. Unfortunately the state government has treated this issue as a law and order issue precluding the possibility of dialogue. When the issue was sought to be raised in the assembly at the peak of the Telangana agitation,the speaker rejected it on the ground that it was not on the agenda.
Internal self-determination is essential for the survival of the Indian state which has to accommodate people with multiple identities. Creating a separate state should be a function of two factors identity and governability. Telangana satisfies both these criteria.
The writer practices law in the Andhra Pradesh High Court,Hyderabad
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